Yapen treason trial accused testify of torture in custody

from West Papua Media, with local sources

April 15, 2013

Defence witnesses have revealed the extensive and systemic use of casual torture and inhumane treatment by Indonesian police, whilst testifying at the Makar (treason) trial of two West Papuan peaceful political activists in Yapen District Court, Serui, on April 9.

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Yan Piet Maniamboi (defendant seated on Left) during cross-examination by Matius Matulesi, SH

The activists had been threatened with twenty years jail for organising a nonviolent march about media freedom in West Papua. The two men, Edison Kendi (38) and Yan Piet Maniamboi (36) were arrested for their involvement in organising peaceful demonstrations in Yapen on May 1, and August 9, 2012 for World Day of Indigenous Peoples,  and have been held in atrocious conditions in Serui prison and have been subjected to routine and regular torture since their arrest.

Banner at freedom of expression rally rejecting Indonesian rule in Papua on the International Day for Indigenous People. Photo via Alex Rayfield from West Papua Media stringers in Yapen.

The treason trial has been beset by procedural mistakes and the failure to appear of several police officers as prosecution witnesses.  Edison Kendi is the National Federated Republic of West Papua’s Governor of Saireri region.

According to independent observers present at the April 9 hearing, the four defence witnesses testified that they were beaten and tortured during detention and interrogation by Yapen police, and were forced to provide false information to stop the torture.  The presiding judge suspended the trial for five minutes to talk with witnesses as the BAP (Case Records) were in danger of being revoked by the judge, legally inadmissible as they were based on testimony extracted under torture.

One of the witnesses, named John, answered Prosecutor Matius Matulesi’s questions on the validity of the Case Records version of testimony, the prosecutor disagreed with John and called him “Swanggi” (Devil or Ghost).   Matulesi also began to threaten both the witnesses and defendants with hoax charges for testifying about their mistreatment.  Matulesi, a Christian native of Maluku, is known as a hard-liner and being “very inhumane in demanding punishment to the fullest extent on  native Papuans in Serui, according to human rights observers at the trial.

Edison Kendi had previously testified about the brutality inflicted on him and Maniamboi whilst being held at Yapen police station, and then after their transfer to Serui  prison on December 9, 2012 .  Kendi wrote in statement provided to observers:

“Since we were arrested we were tortured, kicked, pierced with wood, hit with wood, so we suffered extraordinary bruises and swellings, but (we were) never treated (for injuries) during our detention at the Yapen police station. Police did not allow us to be treated, for the  reason we are OPM (Free Papua Movement).”

Failure to provide medical attention for injuries whilst in custody is a grave human rights violation in and of itself, under the UN Standard Minimum Rules for the Treatment of Prisoners, and also the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment – obviously in addition to the torture suffered by the defendants.

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Defendants Yan Piet Maniamboi (fourth from left) and Edison Kendi (5th from right), with family, supporters and legal counsel, in court before the hearing. (photo: West Papua Media stringers / NFRPB)

Matius Matulesi has also come in for heavy criticism over his violations of basic prisoner rights to medical treatment in this case, for injuries sustained by the defendants whilst under torture by Yapen police.  According to Edison Kendi, “On December 19, 2012 I submitted an application to the clinic in the Prisons for medical treatment, but I was not allowed to go out (to the hospital) by the Attorney on behalf of Matius Matulesi, SH –  so we just keep quiet and bore the pain. I’ve been treated at the clinic LP / prisons but with no improvement. I was sick when swelling on both my legs because of torture when captured and examined at the police Yapen station. I have repeatedly applied for treatment outside of LP / prisons but it’s all just all in vain since the detention December 6, 2012 – January 21, 2013 is not permitted by the prosecutor Mathius Matulesi, SH”.

Matulesi also allegedly prevented Kendi from attending the funeral of his father, allowing him only two minutes with his father’s body before being taken back to prison, despite other Indonesian prisoners, including prisoners convicted of violent terrorism offences, routinely granted this basic right.

The trial was adjourned for the prosecutor to present two investigators from the police station at the next session to be confronted with the witnesses’ testimony.

West Papua Media

Selpius Bobii: “Stop violence in Paniai, proceed with heart to heart communication”

(Apologies for the delay in posting due to significant funding shortfall and time over-commitments from WPM team)

Analysis/ Opinion

27 March, 2013

 by Selpius Bobii, Abepura Prison

The ongoing conflict in Papua is deliberately generated and professionally driven by Indonesian government through its defence system, purposely to defend the sovereignty of Indonesia over Papua.  Beside political conflicts, economic factors play a certain role in initiating conflicts in Papua. As a result, both Papuan and non-Papuan civilians suffer the consequences, but mostly indigenous Papuans suffer the worst outcome of these conflicts.

One of the regions in Papua that draws major attention of the Indonesian military is Paniai.  The conflicts there that are deliberately initiated by the Defence force of the Republic of Indonesia in confronting the OPM troops led by John Yogi has left the people of Paniai in great devastation.

These ongoing conflicts have left the civilians in a frightening and intimidating situation because Indonesian Police and Indonesian National Army have been doing mass military mobilisation and convoys, committing sexual harassment and assaults on woman and girls, carrying out unlawful arrests, torturing innocent civilians, and raids from house to house, confiscating hunting tools like bows and arrows, axes, and knives.  The local people had to move to the neighboring villages searching for refuge, food and health. Some of them got sick and died, some were shot dead by the Indonesian military.

Violence, intimidation and unlawful detentions by Police  Army are escalating in Paniai in the last few weeks, especially to combat the (local) OPM movement led by John Yogi.

Marko Okto Pekei, SS (Activist from Timika Catholic Parish) reported that the tense situation in Paniai has been going for a long period of time following the forceful disbanding (by Indonesian security forces) of the OPM HQ in Eduda in October 2012. After the incident, Indonesian Security Forces deployed massive number of Indonesian Military personnel in Paniai.

On the afternoon of February 24th 2013 the people of Paniai witnessed the deployment of Indonesia Military into Paniai, 53 trucks dropped them.  During the deployment, a source that did not wish to be named mentioned that an Indonesia police officer (told him)  that, in February 2013 alone, the government ( especially the Defence Ministry) of Indonesia has deployed more than one thousand military personnel from Kelapa Dua Jakarta to Paniai.  As a result, people in Paniai, especially fathers and young men, feel intimidated everywhere they go.  They could not go out for gardening because of the fear that they would be suspected as members of OPM.

During that tensed situation, Marko Pekei also reported that there has been raids carried out in the middle of the night in the villages, unlawful arrest, torture, and forceful kidnapping, abduction and killing of innocent civilians in Paniai.

The latest cases for example are, Stefanus Yeimo who was shot dead by Indonesian Police (Brigade Mobile) at 15:30 (west Papuan time) in Kopo Paniai. He was shot when he and his friend were at a local store buying cigarette. According to the Indonesian Police (POLRI) the reason behind the shooting is, he was suspected to be member of OPM.

At 18:00 on the same day, Stefanus was buried by his family in Kopo village, Paniai.

Meanwhile, according to report from an Activist from Justice and Peace Division of Timika Catholic Parish, there is another victim from the Moni Clan; Indonesian National Army Special Team 753 in Uwibutu tortured him on Saturday March 23rd 2013 at 21:30 local time.

After the victim was arrested he was beaten, kicked and was dragged along the asphalt road. At that time few by passers witnessed that violent and unjust treatment. The victim was even dragged into the police checkroom and brutally tortured until the next day and he was rushed to the hospital for medication.

According to the relative of the victim who did not wish to be named, the victim was intoxicated but was not violent when he went to visit a family friend at the hospital. He left the hospital at 21:30 local time. That was when the Indonesian Army Special team 753 from Paniai unlawfully arrested him took him to their base and beat him up, tortured him and they took him the hospital.

In response to the escalating and ongoing violence in Paniai, We the Front PEPERA (Act Of Free Choice) would like to take this opportunity to demand:

1). Indonesian Army (TNI) and Indonesian Police (POLRI) to stop excessive terror, torture, kidnapping and unlawful arrests and shootings in Paniai.

2). Cenderawasih Regional Military Commander XVII and Provincial Police Commander to stop deploying military personnel in Paniai and as soon as possible withdraw the additional personnel that was deployed from Jakarta.

3). The military personnel who violates human rights in Paniai be brought to justice.

4) Cenderawasih Regional Military Commander XVII and Provincial Police Commander as soon as possible sack the Indonesian Army (TNI) and Indonesian Police (POLRI) personnel who are responsible for the ongoing violence in Paniai.

5). People, Government and Church to work together hand in hand, establishing communications from heart to heart in order to curtail the violence and human right abuses that has been going on in Paniai for a very long time.

6). Journalists to truthfully and honestly expose the real situation that has been happening in Paniai

7) Violence will never solve the conflicts in Papua, therefore We the PEPERA (Act Of Free Choice) Front would like to take this opportunity to demand the United Nation or a neutral third-party to immediately act unconditionally and according to the international law to end the political and social injustice in Papua.

This statement serves as guide and to be carried out by the concerning parties who thinks Papuans deserves justice, peace and security in Papua and especially in Paniai.

Selpius Bobii, Abepura Prison: Wednesday, 27th March 2013.

Selpius Bobii is the General Chairperson of Front Pepera (The United Front of the Struggle of the People of Papua)  and is currently one of the “Jayapura Five”, Political Prisoners held in Abepura Prison, Jayapura, West Papua.  The five (Bobii, Forkorus Yaboisembut, Edison Waromi, Dominikus Sorabut and Agus Kraar) were found guilty in an opaque and predetermined trial of  Treason (Makar) charges, laid after the violent Indonesian security force crackdown on the Third Papuan People’s Congress  in October 2011.

 

Testimony of Markus Yenu of his arrest and interrogation

Manokwari, 7th March 2013

Markus Yenu was arrested at the side of the road in from of Daniel Sakwatorey’s house (former political prisoner in Papua, 2008) at Sanggeng Manokwari West Papua. The arrest was by Manokwari’s Criminal Police Unit at 11.32am West Papua time, on the order of Manokwari’s Criminal Police AKP. KRISTIAN SAWAKI. The Manokwari Criminal Police officers were driving a black Inova with the number plate DS.9977.

According to Markus Yenu’s evidence (he’s the Executive Governor of the West Papua National Authority District 2 Manokwari) after he was arrested and taken to the police station at Manokwari, he was immediately taken to an interrogation room and asked to give information about a peaceful demonstration on the 17th January 2013 during which the morning star flag was flown. There were various sized flags flown, and also biased political speeches from several leaders from the Free Papua movement who were inciting people to overthrow the legitimate government.

Markus Yenu also gave evidence that when he was in the interrogation room at the Manokwari Police Station he was visited by Kombes (Pol) Yakobus Marzuki former chief of police in 2008 and now Director of Papuan Police Intelligence. Marzuki told Yenu:

  • Comprehensive data from the Police indicated Markus Yenu was involved with provoking the acts of arson and destruction that three police officers faced on the 5th December 2012 following the shooting of Thimotius Ap.
  • In the near future police plan to meet with Kesbangpol to get rid of all organisations that don’t support the Ideology of a United Republic of Indonesia (NKRI)
  • Eight people are already dead, but police and TNI will be pursuing and removing any subversive groups both in the forest and the city.
  • Whereas for Markus Yenu there was an order from police headquarters to disable him.

According to Yenu, the Director of Papuan Police Intelligence said many other things indicating a threat to human rights and democracy activists in Papua.

Yenu said that, ‘After me, the police will arrest another six people who have been identified as suspects

1). Frans Kapisa,

2). Billy Auparay,

3). Ottow Rumaseb,

4). Jakobus Wanggai,

5). Eliazer Awom, and

6). Zeth Wambrauw

 

Source: WPNA Manokwari

 

Police question Papuan leader over peaceful demo ‘treason’

Written up Pacific Scoop from Social Media Reports by West Papua Media

March 6, 2013

Markus Yenu, Manokwari Governor of the West Papua National Authority (National Federated Republic of West Papua), was forced to appear at Manokwari Police Sector HQ  today (March 6) for questioning over makar (treason) charges relating to the organising of a peaceful mass demonstration almost two months ago.

The executive governor of the West Papua National Authority area 2, Markus Yenu, and the chairman of Solidaritas Pemuda Melanesia Papua Barat, Abraham Wainasiri,  lead a peaceful rally at Manokari on January 17. Image: WPM
The executive governor of the West Papua National Authority area 2, Markus Yenu, and the chairman of Solidaritas Pemuda Melanesia Papua Barat, Abraham Wainasiri, lead a peaceful rally at Manokwari on January 17. Image: WPM

Yenu has not yet been released, and no further information has yet been received about his status – whether he will be charged or released.

West Papua Media has contacted police in Manokwari without reply and the Papua Police Criminal Investigation chief in Jayapura – who claims to know nothing about Yenu’s whereabouts.

On January 17, a crowd of peaceful protesters calling for a referendum on the future of Indonesian-ruled West Papua assembled at a rally point in Manokwari.

The crowd – including students and workers – moved towards the Banyan Tree at UNIPA Manokwari together with the protest coordinator, Alex Nekemen, and speakers, among them Silas Ayemi, the area secretary of Bintuni WPNA),; Abraham Waynarisy (SH chairman Solidaritas Pemuda Melanesia Papua Barat SPMPB) and the pro-independence group KNPB.

Political speeches were made accompanied by slogans of “Papua Merdeka” (“Free Papua”) along the way.

The crowd marched around the city of Manokwari towards an open field.

In front of the office of the State Attorney of the Republic of Indonesia, Markus Yenu openly questioned bout the detainees after a an incident on December 14 – Melkianus Bleskadit, Rev. Dance Yenu and 5 students from UNIPA Manokwari who have been held by police for almost four months without charge.

Earlier story by West Papua Media

 

Amnesty: Two men detained, feared tortured in Papua

UA: 48/13 Index: ASA 21/005/2013 Indonesia

22 February 2013

AMNESTY INTERNATIONAL URGENT ACTION
Two Indonesian men now arbitrarily detained in Jayapura, Papua province, are believed to have been tortured or otherwise ill-treated by police.

Daniel Gobay and Matan Klembiap are currently detained at the Jayapura district police station in Papua province. Police officers allegedly tortured or other otherwise ill-treated them and five other men while interrogating them about the whereabouts of two pro-independence activists. They have not received medical treatment and they have not had access to a lawyer since their arrest.

According to credible sources, plainclothes police officers arbitrarily arrested Daniel Gobay and two other men on the morning of 15 February 2013 in Depapre, Papua province. The three men were first forced to crawl on their stomachs to the Depapre sub-district police station approximately 30 metres away and then moved to the Jayapura district police station an hour later. There they were then forced to
strip, were kicked in the face, head and back, and beaten with rattan sticks. Police officers allegedly pressed the barrels of their guns to their heads, mouth and ears. They were interrogated until late at night and in the morning of the following day.

Matan Klembiap and three other men were arbitrarily arrested separately by plainclothes police officers on the morning of 15 February in Depapre and taken to the Jayapura district police station.

The four men were also forced to strip and were kicked and beaten with rattan sticks and wooden blocks by police officers. One of the men has testified on video that police gave him electric shocks.

On 16 February, five of the men were released without charge but Daniel Gobay and Matan Klembiap remain in police custody and are reportedly to be charged with “possession of a sharp weapon” under the Emergency Regulation 12/1951.

Amnesty International has asked that readers “Please write immediately in English, Indonesian or your own language calling on authorities in Indonesia” to take the following urgent action:

  • To ensure that Daniel Gobay and Matan Klembiap are not tortured or otherwise ill-treated;
  • To ensure that the two men have access to medical treatment, and to lawyers of their choosing; and
  • To immediately order an effective and independent investigation into the allegations of torture and other ill-treatment of the seven men by police officers. Suspected criminal offences involving human rights violations must be dealt with through the criminal justice system, rather than only internally and as disciplinary breaches to ensure that all those responsible for torture and other ill-treatment, including persons with chain of command responsibility, are brought to justice in fair trials, and that victims are provided reparations. Particular attention must be paid to the protection of victims, witnesses and their families.

Amnesty International

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